HomeMy WebLinkAboutResolution - 2006-R0593 - PO - Musco Sports Lighting LLC - P&R Field Lighting - 12_19_2006Resolution No. 2006—RO593
December 19, 2006
Item No. 5.19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Purchase Order Contract and any associated documents with Musco Sports
Lighting, LLC, of Muscatine, Iowa, for Parks and Recreation field lighting, the Purchase
Order Contract and any associated documents are attached hereto as Exhibit A and made
a part hereof for all intents and purposes.
Passed by the City Council this 19th day of December , 2006.
DAVID A. MILLER, MAYOR
ATTEST:
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Reb cca Garza, City Secretary
" APPROVED AS TO CONTENT:
i
! X�,'(
t�nll ee
i for Kilman
Di ctor of Purchasing and Contract Management
APPROVED AS TO FORM:
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a' o�
Vandiver, torney of Counsel
DDres/M uscosports LightPOcon06Res
December 7, 2006
y CITY OF LUBBOCK "EXHIBIT A" Resolution No. 2006-RO593
Pae
PURCHAS E ORDER Date 12/04/06
Order No, _ 303963 000 OP
Brn/Plt 3511
TO:
Musco Sports Lighting, LLC
PO Box 260
Muscatine IA 52761-0260
SHIP TO:
CITY OF LUBBOCK
PARKS AND RECREATION
1010 9TH STREET
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 By.
---------------------------------------------------------------------------
Ordered
12/01/06
Freight -
FOB Destination Frt Prepaid
Requested
- 02/16/07
Taken By -
MARTA ALVAREZ
Delivery -
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Buyboard
Contract No.
204-04 Quote# 124094
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Description / Supplier Ite Ordered UM Unit Cost
Musco's Light Structure 1.000 LS 157,281.0000
System and Installation
INSURANCE REQUIREMENTS PRIOR TO INSTALLATION OF SYSTEM
Commerical General Liability - $1,000,000,per occurrence
General Aggregate - Products-Comp/OP AGG
Personal & Adv. Injury - Contractual Liability
With Heavy Equipment & XCU (Explosive,Collapse&Underground)
Automotive Liability $300,000, Any Auto
Workers Compenstation - Statutory Amounts
Employers Liability - $500,000
Installation Floater-100% of Total Material Cost
and/or Occupational Medical and Diability
Waiver if Sole Propietor
To include: The City of Lubbock is named as primary
additional insured with regard to auto and general
liability with respects to P0# 303963.
The City of Lubbock is provided a waiver of subrogation
on all policies with respect to PO# 303963.
UM Extension
LS 157,281.00
Req. Dt
02/16/07
This purchase order encumbers funds in the amount of $157,281, for a bid awarded to Musco Sports Lighting, LLC of Muscatine, Iowa, on
December 19, 2006. The following are incorporated into and made part of this purchase order by reference: Price Quotation #124094 from
Musco Sports Lighting, LLC of Muscatine, Iowa, and Buy -Board Contract # 204-04, Parks/Rec & Fielding Lighting.
CITY OF LUBBO ATTEST:
. --W—
David A. Mill , Mayor —Rebecla Garza, City Secretary
APnE A TOFQR�A` 'AAQgt61
✓J
Attorney/ C v -V_ - f Total Order
--------------•------- -- ---- -----------------------------------------------------
Terms NET 30 157,281.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Sailor and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
commemal practice. Fach shipping container shall be clearly and permanently marked as
follows (a) Seller's name and address, IS) Consignee's name, address and purchase order or
purchase release number and the supply agreement number ifapplicable, (c) Container number
and total number of ucrawness, e.g. box i of a boxes. and (d) the number of the container
hearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goons
shut be .uitably packed to secure lowest transpdxtatinn costs and to conform with requirements
of commot carriers and any applicable specifications. Buyer's count or weight shall be final
and conclusive on shiprnenrs not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the
goods under rtservatim and no tender of a bill of lading will operate as a tender of gads.
3. TITLE AND RISK OF LOSS, The title and risk Afloat of the goods shall not pass to Buyer
until Buyer actually receives and takes possession of the goodv at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every lenderufdelivery ofgoods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. Ira
tender is made which does not fully conform, this shall constitute a breach and Seller shall nor
have the right o substitute a conforming tender, provided, where the time for perfommance has
not yet expired. the Seller may reasonably notify Buyer of his intention to cure and may then
make a conforming tender within the cuntracl rime but not afterward.
5. INVOICES & PAYMENTS.
a. Seller shall submit separate invoices, in duplicate, one each purchase order at purchase
relersse after each delivery- Invoices shall indicate the purchase order or purchase release
number and the supply agreement number ifapplicable. Invoices shall be itemized and
transportation charges. if any, shalt be listed separately. A copy of the hill of lading, and the
freight waybill when applicable, should be attached to the invoice. Mai I Tw Accounts
Payable, City of Lubbock, P. O. Box 20DO, Luhhock. Texas 79457. Payment shall not be due
until the above instruments arc submined after delivery.
h. GRATUITIES. The Buyer prey, by written notice to the Seller, cancel this contract without
liability to Sella if it is determined by Buyer that gratdties, in the form of entertainmem, gifts
or otherwise, were offend or given by the Seller, rr any agent or representative of the Sella, to
any offuca or employee of the City of Lubbock with a view to securing a contractor waving
favorable realmsa with msped to the awarding or amchding, or the making of may
determinations with respect to the performing of such a contract. In the event this contract is
canceled by Buyer pursuant to this provision, Buyer shall be edited, m adddditim to any other
rights and remedies, to recover or withhold the amount of the dust incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. Ifthe price stated on the fare hereof includes the
cost of any special tooling or special test equiplrsettt fabricated or required by Seller for tte
purpose of filling this order, such special tooling equipment and any process sheets related
thereto shall become the property of the Buyer and to the extent feasible shall be identified by
the Seller as such.
g. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants w be no higher than Seller's current process an orders by others for products of the
kind and spocif cation covered by this agreement for similar quantites under similar of like
conditions and methods of purchase. In the event Seller breaches this warranty, the prices of
the item shall be reduced to the Seller's content prices on orders by others, or in the
ahemativc. Buyer may cancel this contract without liability to Seller forbreach or Seller's
actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon m agrevro m car understanding fur commission, pummuW,
brokerage, orcontingent fee excepting bona fide employees of bona fide established
cummemial or selling agencies maintained by the Sella for the purpose of securing business.
For broach of vitiation of this warranty the Buyer shad] have the right in addition to any other
right of rights to cancel this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the full amount of such commission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants
that the goods furnished will conform o the specification, drawings, and descriptions listed in
the bid invitation, and to the satnple(s) famished by the Seller, if any. In the event of a conflict
Or between the specifications, drawings, and descriptions, the specificaioru shall govern,
Notwithstanding any provisions contained in the cuntraeural agreement, the Seller represents
and warrants faun -five performance axl fualt-Free result in the processing date and date related
data d including. but not limited to calculating, comparing and sequencing) of all hardware,
suf)woure and funnwae products delivered and services provided under this Contract,
individually or in combirauon, as the case may be from the effective Jade of this Contract.
Also, the Seller warrants the year2000 calculations will be recognized and accommodated anal
will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at
its sole option, may require the Sella, at any time, to derntonsmut the procedures it intends to
follow in order to comply with all the Obligations contained herein. The nbligatiuns contained
herein apply to products and services provided by the Seller, its sub -Seller or any third party
involved in the creation or des elufamot of the products and services to be delivered to the City
of Lubbock under this Contract. Failure to comply with any ofthe obliganom contained
herein, may result in the City of Lubbock availing itself of any Of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
The warranties contained herein arc sepamte and discrete from any other warranties specified
in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
]imitation of the Seller's liabil it) which may he specified in this Contract, its appendices, its
schedules, its annexes or any document incorporateJ in this C'onttact by reference.
10. SAFETY WARRANTY. Seiler warrants that the product void to the Buyer shall conform to
the standards promulgated by the U. S. Department of t.ebur under the Occupational Safety and
Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may
return the product for correctron or replacement at the Seller's expense. In the event Seller
fai Is to make the appropriate correction within a reasonable time, cunt Lion made by Buyer
will be at the Seller's expense.
11, NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan ofthis contract for
sale Sella agrees to ascertain whether goods rranufaaured in accordance with the
specificaliorrs anuched to this agreement will give rise to Ile nghtful claim of any third person
by way of infringement of the like. Buyer mattes no warranty that the production of goods
according to the specificatren will not give rise to such a claim, and in nn event shall Buyer be
liable to Seller far indemnification in the event that Scller us sued on the grounds of
infringement of the like. If Seller is of the opinion that an infringement "the like will result.
he will notify the Buyer to this effect in writing within Iwo weeks after the signing of This
agreement. If Buyer does not receive notice and is subsequently held liable for the
infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the
production of the goods in aceordarice with the specifications will result in infringement car the
like, the contract shall he null and void.
12, RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting them.
13, CANCELLATION. Buyer shall have the right to cancel for default all or any part of the
undelivered portico of this order if Seller breaches any of the terms hereof including warranties
of Sella or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of
cancellation is in addition to and not in lieu of any tither remedies which Buyer may have in
law or equity.
14, TERMINATION. The performance of work under this order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the delivery ofthe Seller of a "Notice of Termination specifying the extent to
which pai[ormance of work under the order is terminated and the dale upon which such
termination becomes effective_ Such right or termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13, herein.
15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the
fulfillment of any terms of provisions of this connact is delayed or prevented by any cause not
within the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence said parry is curable to prevent,
16, ASSI(iNMENT-DELEGATION. No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally inefrective far all
purpose udess made in conformity with this paragraph.
17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole
or in part by a waiverm renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party.
IR. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications Far bids and
Performance provided by Buyer in its advertisement for bids, and say other documents
provided by Seller as par of his bid. is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive statement of the remns of their
agreement. Whenever a term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Cade is to Writml.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
When: ever the temp "Uniform Commas isl Code" is used it shall be construed as meaning the
Uniform Commemad Code ms adopted in the State of fcxas as effective oral in force on the
date of this agreement.
20. RIGH f TO ASSURANCE. Whenever one patty to this contract in good faith has reason to
question the other parry's intent to perform he nosy demand that the other party give written
assurance of his intent to perlbrm. In the event ohm a demand is made and no assurance is
given within five i5) days, the remanding party may treat this failure as an anticipatory
repudiation ofthe contract.
21. INDEMN WICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
officials and employees, against all injuries, deaths, loss, damages, claims, latent claims, suits,
liabiliues, judgments, costs and expenses, which may in anywise accrue against the Buyer in
consequence ofthe granting ufthis Contract or which may anywise result therefrom, whether
or not it shall be alleged or determined that the act was caused through negligence ur omission
of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense. appear, defend and pay all charges of atturreys and all costs
and other expenses arising therefrom of incurred in connection therewith, and if any judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its Own expenses,
wtisfy and discharge the same Seller expressly iraderstandds and agrees that any burl required
by this contract, or otherwise provided by Seiler, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Buyer as herein provided.
22. TIME. It is herehy expressly agreed and understood that time is of the essence for the
performance of this contract, and failure by conmm:r to meet the time specifications of this
agreement will cause Seller to be in default of this agreement.
23. MBE. r he City of Lubbock hereby notifies all bidders that in regard to any contract entered
into pursuant to this request, minority and women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated against
on the grounds of race. color, sex or natural origin in consideration for an award.
Rcv. 08/2005